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94 B.U. L. Rev. Annex 1 (2014)

handle is hein.journals/bulron94 and id is 1 raw text is: PERSPECTIVES ON CELL PHONE
SEARCHES INCIDENT TO ARREST
Annex: Perspectives is an initiative by the Boston University Law Review to
provide a new online publication whereby its readership can engage with legal
problems from multiple viewpoints. Perspectives will be a series of month-long
discussions centered on a single topic, with each discussion consisting of a
series of short articles by various scholars. The goal of Perspectives is to present
scholarship that stimulates further investigation into each topic by offering a
brief digestible discussion, while providing our readers with an appreciation
for the intricacy of the problem. The scholarship in Perspectives will not provide
the reader with all of the detail necessary to claim expertise, but rather, it will
present what experts find to be the most interesting and important aspects of the
legal problem. The Boston University Law Review hopes that reading
Perspectives is both enlightening and enjoyable.
EDITOR'S FOREWORD
For the Boston University Law Review's second edition of Annex:
Perspectives, we are excited to present four Perspectives on the authority of the
police to search the cell phone of an arrestee incident to arrest. These
Perspectives arrive at an opportune time, as the Supreme Court will soon review
this issue in United States v. Wurie.' As the Court's grant of certiorari intimates,
this issue has split the circuits, with some courts following Chimel v. California2
and United States v. Robinson,3 and others choosing to follow United States v.
Chadwic4 and Arizona v. Gant.5 The Law Review is happy to present the
Perspectives of Professor Tracey Maclin, Professor Adam M. Gershowitz,
Professor George C. Thomas III, and Assistant District Attorney for Suffolk
County Jack Zanini on this issue.
Perspective I: Cell Phones, Search Incident to Arrest, and the Supreme Court
Professor Tracey Maclin is the Joseph Lipsitt Faculty Research Scholar and
Professor of Law at the Boston University School of Law. Professor Maclin is a
leading expert on criminal procedure who has authored law review articles,
amicus briefs to the United States Supreme Court, and a book, titled The
Supreme Court and the Fourth Amendment's Exclusionary Rule.
i 728 F.3d 1 (1st Cir. 2013), cert. granted, 82 U.S.L.W. 3104 (Jan. 17, 2014) (No. 13-212).
2 395 U.S. 752, 763 (1969).
3 414 U.S. 218, 225 (1973).
4 433 U.S. 1 (1977).
5 556 U.S. 332 (2009).
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